Besigye treason case: State attorney set for cross-examination

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The trial of four-time presidential candidate Dr Kizza Besigye and his aide Hajji Obeid Lutale resumes Thursday, April 23, 2026, with a state attorney set to appear for cross-examination in an application by the prosecution seeking to conceal the identities of six witnesses.

The defence lawyers will test the credibility of the evidence presented in the affidavit sworn by Chief State Attorney Joseph Kyomuhendo regarding the concealment of witness identities.

The defence team consists of Kenyan lawyer Martha Karua, Erias Lukwago, Earnest Kalibbala, Fred Mpanga, Bayern Turinawe, Farouk Kamulegeya, Abubakkar Ssekanjako, Kato Tumusiime and Simon Nsubuga.

Meanwhile, the state is being represented by assistant director of public prosecutions Thomas Jatiko and chief state attorney Richard Birivumbuka.

Besigye and Lutale are jointly charged with treason and misprision of treason alongside Capt Denish Oyaa Oola of the Uganda People’s Defence Forces, attached to the Armoured Brigade. The offence attracts a maximum sentence of death upon conviction.

In the last court session (March 31), Besigye and his co-accused asked the court to reject a prosecution application seeking to conceal the identities of witnesses in their treason case.

In an affidavit presented before Justice Emmanuel Baguma of the Criminal Division of the High Court, Besigye argued that the move to conceal witness identities is intended to deny the defence access to critical evidence and undermine preparation for trial.

He maintained that he is entitled to a fair and public hearing as guaranteed under the Constitution.

Besigye contended that concealing the identities of six out of the 10 prosecution witnesses, coupled with limited disclosure of evidence, would prejudice his defence in a case where he faces the death penalty.

The opposition figure was responding to an application by the prosecution, which seeks to conceal the identities of six witnesses on the grounds that their lives would be endangered.

He argued that the Constitution guarantees an accused person adequate time and facilities to prepare a defence, including the right to know and challenge accusers’ rights, which he describes as non-derogable.

Besigye also rejected prosecution claims that the charges he is facing involve personal violence, insisting on his innocence and noting that no allegations have been proven in court.

He further cited previous treason cases against him in 2005 and 2016, saying they did not involve witness anonymity or in-camera proceedings, and that no witnesses reported threats or harm.

According to Besigye, concealing witness identities would prevent the defence from investigating their credibility, assessing possible bias, and effectively cross-examining them, thereby undermining the adversarial justice system.

He added that the prosecution has not presented credible evidence of threats to the witnesses, describing the claims as speculative.

“The State has adequate security mechanisms to protect witnesses without limiting the rights of the defence,” Besigye argued.

The case

The prosecution alleges that Besigye, Lutale, Oola and others still at large, between 2023 and 2024, in various countries, including Switzerland, Greece, Kenya and in Kampala (Uganda), contrived to overturn the Government of Uganda by force of arms.

According to the charge sheet, the accused, knowing that another person intended to commit treason, did not give information to Ugandan authorities to prevent the commission of treason, which is tantamount to misprision of treason.